Types of Medical Malpractice Compensation
Many states limit the amount of damages that a victim of medical malpractice may receive. These caps typically cover specific, measurable losses such as the cost of medical bills and lost wages.
Medical malpractice cases can often be accompanied by non-economic losses, such as suffering and pain. The experienced attorneys at Sobo & Sobo will help you to build a case for compensation in the following areas.
Potencial loss of earnings
If an injury that is the result of medical negligence affects your capacity to earn income you can claim compensation for the loss of wages. It isn’t easy to prove the loss. You must prove the negligence of the doctor caused your injuries directly, and not only indirectly. This can be a challenge particularly if it involves a pre-existing condition that the medical professional failed to recognize or misdiagnose.
In the event of medical Malpractice Attorney malpractice, you could be entitled to non-economic damages and economic damages. Non-economic damages are based on the effect the injuries have had on your life quality. Your lawyer will employ expert testimony, charts, and graphics to demonstrate the impact of negligence.
In certain instances the medical negligence could be so severe that you could seek punitive damages. These damages are meant to punish the healthcare professional who has committed a shambolic conduct. This kind of damage award is not as frequent, but it is possible to award it in certain instances, such as when the healthcare provider acted in reckless or malicious ways.
Medical malpractice lawsuits are costly to pursue. There are court filing fees, medical records, and other costs for documentation that can add up quickly. Your lawyer may also have to employ experts to look over your case and determine whether medical professionals acted in breach of their obligations to you.
Permanent Disability
Medical malpractice cases can be complex and involve many different types of damages. Compensation can cover expenses such as future medical procedures, ongoing medical treatment, or lost wages, if an injury caused an employee to be absent from work. It can also cover non-economic damages like discomfort and pain.
Non-economic damages are difficult to quantify, but may include any loss in quality of life. They can also include suffering and pain, as well as emotional and psychological stress. The lawyer for the claimant will use the testimony of family and friends to help a juror understand how the injury had on the victim’s everyday life.
A good NYC medical malpractice lawyer will thoroughly review the evidence to determine the worth of the claim. This includes a review of the medical malpractice statute of limitations, which imposes a time limit on how long after an accident an individual plaintiff can bring a lawsuit.
The value of a medical negligence claim will be determined by the severity of the accident and settlement amounts being reserved for more serious injuries. A doctor might have misdiagnosed cancer in the patient, which could cause death. The most serious injuries are also more likely to result in permanent disability, which increases the cost of the claim.
Pain and Suffering
Medical malpractice victims can also seek compensation for the physical pain they’ve suffered as a result of the negligence of a physician. Physical pain can be caused by an injury, such as a broken bone, and can include scarring, the inability to sleep or exercise, loss of sexual function and other injuries that affect the quality of life of the victim.
Psychological pain and suffering could also be a component of the compensation awarded to victims of medical malpractice. Mental health issues such as anxiety, depression, suicidal thoughts and post-traumatic stress disorder (PTSD) can be incredibly debilitating and can cause physical pain as well. In addition, the loss of mental health can also impact a victim’s ability to work or maintain healthy relationships, and impact their overall quality of life.
Damages can be divided into two categories: economic or “special” damage that is based upon the possibility of calculable losses, and non-economic or general damages, such as pain and discomfort. It can be difficult to establish the appropriate amount for non-economic losses because they are not easily quantifiable in dollars.
There are a variety of methods for formulating the value of an award for pain and suffering such as using a multiplier method that adds up all damages that are specific and multiplies the number by a certain amount, ranging from 1.5 to 5. Certain states have limits on these types of awards, however in most instances, judges won’t overturn a jury’s decision.
Loss of Future Earnings
Medical accident victims are entitled to a variety of damages including loss of future earnings. This is the amount that a victim could have earned if they were capable of working at their previous job or if a job was accessible to them that was suited to their condition. This is a complicated type of damage, which often requires the assistance of an expert economist to determine.
Calculating lost earnings is easy when the victim earns an hourly wage. An attorney can multiply a person’s hourly rate by the number of hours they were absent from work to calculate the total loss of wages. If you earned a salary, you will need to consider the time that you were unable to work, in addition to your pay and benefits.
While the calculation of lost income is quite simple, future losses can be more complex. A lawyer must examine the costs of any treatment that is to be planned in the future, in addition to any costs that can reasonably be anticipated in light of the patient’s current situation.
When seeking compensation for medical malpractice, it’s important to have a seasoned lawyer on your side. Our team at Weltchek Mallahan & Weltchek can help you determine how to most effectively pursue your financial recovery. Contact us today to set up an appointment for a no-cost consultation. Medical errors are a grave issue that can cause serious harm. Our legal team is ready to take a closer look at your case and fight for the full compensation that you deserve.